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I8th CONGRESS,") [ 83 J 

1st Session. J 

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FBOH THE 



PRESIDENT OF THE UNITED STATES, 



TBANSNIXTINS CERTAIN DOCUMENTS BEIATINB TO 



The Claiu of the State of Massachusetts^ 



FOR SERVICES RENDERED BY THE MILITIA OF THAT STATE, 



During the late war with Great Britain. 



FEBRUARY 23, 1824. 
Read: Ordered, that it lie upon the table. 



WASHINGTON: 

I'KIJfTED BT GALES & SEATOS, 

1824. 






I 



[83] 



3 



MI^©^A®I11. 



To the Senate and House of Bcpresentatives of the United States: 

I herewith transmit to Congress certain (locumcnts relating to a 
chiiia of Massachusetts, for services rendered by the militia of that 
state in the late war, and for wliich payment was made by the state. 
From the particular circumstances attending this claim, I have thought 
it proper to submit the subject to the consicieration of Ccmgress. 

In forming a just estimate of this claim, it will be necessary to re- 
cur to the cause which prevented its admission, or the admission of 
any part thereof, at an earlier day. It will be recollected, tliat, when 
a call was made on the militia of that state for service, in the late 
war, under an arrangement which \\ as alike applicable to the militia 
of all tlie states, and in conformity with the acts of Congress, the Ex- 
ecutive of Massachusetts refused to comply with the call, on the prin- 
ciple that the power vested in Congress by the constitution, to provide 
for calling forth the militia to execute tlie laws of the Union, suppress 
insuri'cctions, and repel invasions, was not a complete power for 
those purposes, but conditional, and dependant on the consent of the 
Executives of the several states; and, also, that, when called into ser- 
vice, such consent being given, they could not be commanded by a 
regular officer of the United States, or other officer than of the militia, 
except by the President, in person. That this decision of the Execu- 
tive of Massachusetts was re})ugnant to tlie constitution of the United 
States, and of dangerous tendency, especially when it is considei-ed 
that we were then engaged in a war with a powerful nation for the de- 
fence of our common rights, was tlie decided opinion of this Govern- 
ment: and when the period, at wlsicli tliat decision was formed, was 
considered, it being as early as the fifth of August, eighteen hundred 
and twelve, immediately after the war w as declared, and that it was 
not relinquished during the war, it was inferred, by the Executive of 
tlie United States, that the decision of the Executive of that state was 
alike applicable to all the services that were rendered by the militia 
of the state during the war. 

In the correspondence with the Governor of Massachusetts at that 
important epoch, and on that very interesting subject, it was announ- 
ced to him, by the Secretary of SVar, that, if tlie militia of the state 
V. ere called into service by the executive of the state, and not put un= 
der t!ic command of the Major General of the United States, as the 
militia of the other states were, the expense attending their service 



4 . [ 8^ ] 

would be chargcablic to the state, and not to the United States. It was 
also stated to'hini, at the same time, that any claim \^ hich the state 
might have for the reimbursement of such expenses, could not be al- 
lowed by the Executive of the United States, since it would involve 
principles on which that bi-anch of the Government could not decide. 

Under these circumstances, a decision on the claim of the state of 
Massachusetts has hitherto been suspended, and it need not be remark- 
ed, Ihat the suspension has proceeded from a conviction that it would 
be improper to give any sanction by its admission, or by the admis- 
sion of any part thereof, either to the construction of the constitution 
contended for by the then Executive of that state, or to its conduct, at 
that pei'iod, towards the General Government and tlie Union. 

In January, eighteen hundred and twenty-three, the Representa- 
tives in Congress from Massaclmsetts and Maine, suggested, by me- 
morial, that the constitutional objection could not apply to a portion 
of the claim, and requested tlrat tbc accounting officer of the Govern- 
ment might be instructed to audit and admit such part as might be 
free from that objection. In all cases where claims are presented for 
militia sei-vice, it is the duty and the practice of the accounting officer 
to submit them to the department for instruction as to the legality of 
the claim; that is, whether the service had been rendered by order of 
the competent authority, or otherwise, under circumstances to justify 
the claim against the United States, admitting that the evidence in 
support of it should be satisfactory. To this request there appeared 
to be no well-founded objection, under the reservation, as to the con- 
stitutional p)-inciple, and accoidingly an order was given to the ac- 
counting officers of the Treasury to proceed in auttiting the claim, 
with that reservation. 

In conformity with this arrangement, the Executive of Massacha- 
setts appointed two citizens of that state, commissioners to attend to 
the settlement of its claim, and who, in execution of the trust leposed 
in them, have presented to the accounting officer of the Treasury that 
portion, comprehending the services of the fifth division of the militia 
of tlie state, which has been audited and reported for consideration, 
subject to the objection above stated. I have exaiwincd this report, 
with the documents presented by the commissioners, and am of opinion 
that the services rendered by that division were spontaneous, pati iotic, 
and proper, necessary for self-defence, to repel, in some instances, 
actual invasion, and in others, to meet, by adequate preparation, in- 
A^asions that wei-e menaced. The commissioners of the state having 
intimated that other portions of service stood on similar groiind, the 
accounting officer has been insti'ucted, in auditing the whole, to do it 
in such manner as to enable the Department to show distinctly un- 
der what circum«tances each portion of service was lendered, wheth- 
er voluntary, called out by invasion, or the menace of invasion, or by 
public authority; and in such case, whether the militia rendeiing 
such service was placed under the authority of the United States, or 
retained under that of the state. 

It affiirds me great ]jlcasure to state, that the present Exectitive of 
Massachusetts has disclaimed the principle which was maintained by 



[ 83 3 5 

1 he former Executive, and that in this disclaimer both branches of the 
Legislature have concurred. By this renunciation, tlie state is plac- 
ed on the same ground, in this respect, w itli the other states, and 
this very distressing anomaly in our system is removed. It is well 
known that the great body of our fellow-citizens in Massachusetts 
are as firmly devoted to our Union, and to the free i*epublican princi- 
ples of our government, as our fellow-citizens of the other states. Of 
this important truth, their conduct in every stage of our revolution- 
ary struggle, and in many other emergencies, bears ample testimony; 
and, I add, with profound interest and a tliorough conviction, that, 
although the difficulty adverted to, in the late war, with their Execu- 
tive, excited equal surprise and regret, it was not believed to extend 
to them. There never was a moment when the confidence of the go- 
vernment in the great body of our fellow-citizens of that state, was 
impaired; noi* is a doubt entertained that they were, at all times, 
willing and ready to support their rights, and repel an invasion by 
the enemy. 

The commissioners of Massachusetts have urged, in compliance 
with their instructions, the payment of so much of their claim as ap- 
plies to the services rendered by the fifth division, wliich have been 
audited, and I should have no hesitation in admitting it, if I did not 
think, under all the circumstances of the case, that the claim, in all 
its parts, was cognizable by Congress alone. The period at which 
the constitutional difficulty was raised, by the Executive of the state, 
was in the highest degree important, as was the tendency of the prin- 
ciple for which it contended, and which was adhered to during the 
war. Tlie public mind throughout the Union was much excited by 
that occurrence, and great solicitude was felt as to its consequences. 
The Executive of the United States was bound to maintain, and did 
maintain, a just construction of the constitution: in doing which it is 
gratifying to recollect that the most friendly feelings were cherished 
towards their brethren of that state. Tlie Executive of the state was 
warned, in the correspondence which then took place, of the light in 
which its conduct was viewed, and of the effisct it would have, so far 
as related to the right of the Executive of the United States, on any 
claim which might afterwards be presented by the state to compensa- 
tion for such services. Under these circumstances, the power of tlie 
Executive of the United States to settle any portion of this claim, 
seems to be precluded. It seems proper, also, that this claim should 
be decided, on full investigation, before the public, that the principle 
on whicli it is decided, may be thoroughly understood by our fellow- 
citizens of every state, which can be done by Congress alone; who 
alone, also, possess the power to pass the laws which may be neces- 
sary to carry such decision into effi^ct. 

In submitting this subject to the calm and enlightened judgment of 
Congress, I do it with peculiar satisfaction, from a knowledge that 
you are now placed, by the course of events, in a situation which will 
enable you to adopt such measures, as will not only comport with the 
sound principles of our government, but, likewise, be conducive to 



6 - [ 83 g 

otlier the higliest interests of our Union, By the renunciation of th& 
principle maintained by tlie then Executive of Massachusetts, as has 
been dojieby its present Executive and both hranches of the Legisla- 
ture, in the most formal manner, and in accord with the sentiments of 
the great body of the people, the constitutiini is restored, in a ^ eiy 
important feature' — that connected with the public defence: and in the 
most importaiit branch, that of the militia, to its native strength. It 
is very gratifying to know, that this renunciation has been produced 
by the regular, orderly, and pacific operation of our republican sys- 
tem, whereby those who were in the right at the moment of difficulty, 
and who sustained the government with great firmness, have daily 
gained strength until this result was accomplished. The points on 
which you will have to decide, are, what is fairly due for tlie serA ices 
Avhich were actually rendered? By what means shall we contribute 
most to cement the Union, and give the greatest support to our most 
excellent constitution? In seeking each object separately we are led to 
the same result. All that can be claimed by our fellow -citizens of 
Masssichusetts is, that the constitutional '.shjection he waived, and 
that they be placed on the same footing vvitii their brethren in the other 
states — that, regarding the services rendered by tire militia of other 
states, for which compensation has heen made, giving to the rule the 
most liberal construction, like compensation be made for similar ser- 
vices rendered by the militia oi" that state. 

[ have been led to conclude, on great considerati(ni, that the princi- 
ples of justice, as well as a due regard for the great interests of our 
Union, require that this claim, in the extent proposed, should be ac- 
ceded to. Essential service was rendered, in tlie late war, by the 
militia of Massachusetts, and with the most patriotic motiA^es. It 
seems just, therefore, that tiiey should be compensated for such ser- 
vices, in like manner with t!ie militia of the other states. The con- 
stitutional dilficulty did not originate with them, and has now been 
removed. It comports with our system to look to the service rendered, 
and to the intention with which it was rendered, ai\d to award the 
compensation accordingly, especially as it may now be done without 
the sacrifice of principle. The motive, in this instance, is the stronger, 
because well satisfied I am, that, by so doing, we shall give the most 
effectuaV support to our republican institutions. No latent cause of 
discontent will be left behind. The great body of the people will be 
gratified; and even those who now survive, who Mere then in error, 
cannot fail to see, with interest and satisfaction, this distressing oc- 
currence thus happily terminated. I, therefore, consider it my duty 
to recommend it to Congi*ess to make provision for the settlement of 
the claim of Massachusetts, for services rendered in the late war bv 
the militia of the state, in conformity with the rules which have go- 
verned in the settlement of the claims for services rendered by t]u» 
militia of the other states. 

.TAMES MONROE. 

Tf'ashingion, FebrnaniQS, 1824. 



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